After the Gandhi–Jinnah talks broke down in September 1944, Sir Tej Bahadur Sapru, a Liberal lawyer, formed a Non-Party Conciliation Committee to look for a settlement. It sent a questionnaire to parties and communities and published its proposals in 1945; the Muslim League refused to take part. The Sikh leaders submitted a memorandum in two parts. This is Part B, their answers to the questionnaire. It was signed by twenty-nine Sikh leaders, with Master Tara Singh first among them. It is a memorandum, not a speech. The printed copy has lost many full stops, so some sentences run on.
The Sikhs declare that they "are irrevocably opposed to any partition of India on a communal basis." If Pakistan nevertheless comes, they "would insist on the creation of a separate Sikh State which should include the substantial majority of the Sikh population and their important sacred shrines and historic Gurudwaras and places with provision for the transfer and exchange of populations and property." Within a united India they ask for guarantees in the Punjab: "The allocation of seats should be forty per cent Muslims, thirty per cent. Sikhs and thirty per cent other non-Muslims." They also set out claims to shares in the army, the services and local bodies, to a Sikh university, and to recognition of the Sikhs as one of India's important communities.
[p. lvii] B. CONCILIATION COMMITTEE QUESTIONNAIRE
18 In addition to the other fundamental rights which may be incorporated in any future Constitution of India, the following fundamental rights should be incorporated in the Constitution with the specific aim of affording protection to and preservation of certain inalienable rights of the Sikh community
19 Part I—Fundamental Rights
(i) Free profession and practice of religious faith is guaranteed in India. Untouchability in any shape or form shall be deemed repugnant to the fundamental policy of the State
(ii) The preparation and use of 'Jhatka' meat shall be freely allowed and that 'Jhatka' meat shall be treated on par with 'Halal' meat
(iii) No law shall be enacted, or no executive order given to restrict in any manner or to any extent whatever, the manufacture, sale, the keeping and the wearing of Kirpans by the Sikhs
(iv) The State shall recognise the inalienable right of the Sikh community as such to the ultimate ownership, direction and control of all Sikh Gurudwaras, Shrines and religious endowments and the control and management of such institutions shall vest in the Sikh community in accordance with its declared will as expressed from time to time, collectively or regionally
(v) The State shall protect the maintenance intact of all Gurudwaras, Shrines, religious institutions and the endowments attached to them as a fundamental right of the Sikh community as a whole, and none of the endowments or properties attached to these institutions shall be resumed or acquired by State action and the State shall not create, by financial assistance, or otherwise, any endowments or institutions out of taxes and proceeds not specifically and exclusively collected from the members of the religious community for the benefit of which such new endowments, etc., are sought to be created Vice-versa, no person may be compelled to pay taxes, the proceeds of which are to be appropriated in payment of purely religious expenses of any religious community or endowments, of which he himself is not a member
(vi) The right to employ the mother-tongue for social and cultural intercourse and for the conduct of the administrative business in the region in which it is dominantly spoken, shall be primary right constitutionally guaranteed
(vii) The right to freedom of speech, freedom of assembly, freedom of meeting, freedom of street processions and demonstrations, freedom of press and propaganda, must be guaranteed as a fundamental right
(viii) Liberty to establish and change one's place of dwelling is guaranteed in India No person may be deprived of this right save by the Courts Restrictions may also be placed upon this right by other authorities for reasons of public health in such cases and in such manner as may be prescribed by law
[p. lviii] (ix) Freedom to choose one's occupation as well as to originate enterprises or industries of an agricultural, commercial industrial or other nature in all parts of India is guaranteed irrespective of the Province of one's domicile
(x) That the public officials may not be provisionally removed from office or permanently retired, or transferred to any other post with a lower salary save in accordance with, and in a manner determined by law and that every penalty inflicted on a public servant must be subject to appeal and the possibility of revision by an authority different from, unconnected with and independent of the punishing authority Unfavourable entries may not be made in the personal files of public servants unless those public servants have been given the opportunity to reply to them, and the Public Servant must be given the right to examine their personal files.
(xi) The State shall not adopt or encourage any measure or policy designed or calculated to further the imposition of any allied, artificial or alien language on any people other than the language which is demonstrably their mother tongue and except as a secondary and subsidiary language.
(xii) All communities shall have a right to establish and maintain educational, charitable, religious and other institutions with full liberty to impart instruction in their own mother-tongue Such institutions shall receive grants in aid from the State on a uniform basis. The existing grants-in aid to denominational institutions shall not be reduced.
(xiii) The State shall make adequate arrangements in all educational institutions maintained by the State and local bodies for the instruction of minorities through the medium of their mother tongue and their special script if any
(xiv) The Constitution shall guarantee the Punjabi to be the Court and the official language of the Punjab with option to the various communities to use Urdu or Gurmukhi script
(xv) The Constitution shall provide that no bill motion or resolution shall be introduced in the Legislature which is opposed by three-fourths of members of Hindus or the Muslims or the Sikhs or any other minority in that Legislature Provided further that in the passing of any bill, motion or resolution affecting exclusively a single community members of other communities shall not have a right of vote.
20 The fundamental rights which are incorporated in the Constitution should be enforceable by a Court of Law and any person or group of persons may lodge a suit against the State for such enforcement. And such of those rights which are not justifiable can only be enforced by effective political power and by providing a special machinery such as the Minorities Commission referred to hereunder
21 With regard to the steps which are necessary to secure an adequate share and equal opportunities in the Legislature Executive Governments and the Services, etc., the demands of the Sikhs in so far as Punjab [p. lix] is concerned are —That no single community should enjoy an absolute majority in the Legislature The allocation of seats should be forty per cent Muslims, thirty per cent. Sikhs and thirty per cent other non-Muslims This proportion must also be reflected in the composition of the Executive Government as well as the Services and this must be guaranteed by Statute. The Minister for Law and Order should always belong to the Minority community
22 An independent Minorities Commission, to deal with such rights and matters as are not enforceable by a Court of Law is extremely desirable This Commission may be appointed by election through specially set up electoral colleges, the qualifications prescribed for candidates for election to be fixed on a fairly high standard with a view to ensure the return of suitable persons with approved ability and integrity All the recognised communities shall have equal representation on this Commission
23 With regard to the advancement of Backward Classes such as the Scheduled Castes, Aboriginal Tribes, the Mazhbi Sikhs and the Ramdasia Sikhs, we suggest that these Classes should be provided with special educational facilities and also facilities to enter Public Services with the proviso that such facilities shall also be available to any of the members of these Castes or Tribes who have embraced Sikhism
PART II
24 The position of the Sikhs vis-a-vis the Muslim League demand for Pakistan is well known They are irrevocably opposed to any partition of India on a communal basis Their opposition is based on considerations which are also well known some of them being that the demand is unnatural, reactionary, and is in opposition to the best political and economic interests of the country as a whole as well as of the portions and regions sought to be partitioned off, that it militates against the lessons of history and requirements of geography, and that it signs the death-warrant of the future of the Sikh community as a whole That the spurious grounds which are being advanced for justification of this claim are in themselves untenable, is apparent from the observations that have already been made and also from the facts and figures quoted in the enclosed manuscript We may briefly add that the Pakistan offers no solution of the Communal tangle which is bound to be aggravated in divided India The claim proceeds upon the assumption that the Punjab is a homeland of the Muslims which as set out in the enclosed manuscript is wholly untenable claim The demand for Pakistan does not take any account of the existence of the Sikh States of Patiala, Jind, Nabha, Kapurthala, Faridkote and Kalsia which are predominantly non-Muslim in population. They are surrounded on all sides by the districts of the British Punjab Needless to mention that the States have an inseparable connection with the Sikhs in British Punjab
25 The C R Formula is open to all the objections which have been raised by the Sikhs against Pakistan As a matter of fact, this formula contemplates worse fate for the Sikhs than the Pakistan demand, for in the latter case, they can at least look forward without satisfaction to the probability of being persecuted, and dying together, while in the former [p. lx] case a small compact community is divided into almost two equal parts each going into two independent sovereign states.
26 We have been asked as to whether we have any views to express in case the Pakistan scheme is imposed on us by an authority whose power we cannot hope to challenge successfully and which may be the British Government or the agreed will of the Hindus and Muslims of India. In that case we would insist on the creation of a separate Sikh State which should include the substantial majority of the Sikh population and their important sacred shrines and historic Gurudwaras and places with provision for the transfer and exchange of populations and property
PART III
27 We cannot conceive of an independent and strong India capable of holding its own in the international world which does not include the Indian States. The State subjects should enjoy the same rights and privileges as may be enjoyed by British Indian subjects
PART IV
28. We are in favour of a very strong Centre for in the strength of the Centre lies the strength of the constituent parts of the All India Union. This strength of the Centre however must be consistent with the fullest opportunity to the constituent parts and regions to develop their own economic and cultural resources, and to manage their local affairs in their own way The list of subjects therefore for the Centre as well as for the constituent units should be exhaustively scheduled with the above-mentioned principle in view As regards the residuary powers we are not in a position to give any definite opinion until the final picture of the Indian Constitution is before us.
29 We are opposed to the Cripps Proposals—particularly to the provision of a liberty clause in respect of provinces or States not acceding to an All India Union Our objections to the Cripps' Proposals were clearly stated in our Memorandum submitted to Sir Stafford Cripps (a copy of which we are enclosing) These proposals took no account of the Sikhs either in the matter of separation of the Punjab from an All India Union or in the constituent Assembly to be set up for framing the new Constitution. We frankly expressed our disappointment to Sir Stafford Cripps. We believe our frankness left some impression on him as is evident from his speech as well as that of Mr Amery after the return of Sir Stafford to England. For the benefit of the Committee we may quote from those speeches
Sir Stafford Cripps speaking in the House of Commons on the rejection of his proposals said —
"The more dispersed but still an important minority of the Depressed Classes desired specific protection against adverse effects of the caste system while the Sikhs that brave fighting race (cheers) who have done and are doing so much to help Britain in the defence of India desire some form of protection against the majority rule by another community."
[p. lxi] Mr Amery in winding up the debate stated —
"On the other hand the particular method which we suggest for arriving at a constitutional settlement, more particularly, on the present provincial basis, both for setting up a constitution making assembly and for non-accession is not meeting with such sufficient support for us to press it further. It may be that alternative methods might arise which might form a better basis for the definition of boundaries and might give representation for smaller elements such as Sikhs whose natural aspirations we appreciate"
(b) We are opposed to granting liberty to units for non-acceding to the Union but in case it is accepted by others, this power should be exercised by an absolute majority of sixty-five per cent
(c) We do not agree to the recognition of the right of secession from the All-India Union once it has been formed
30 We are in favour of the principle of re-alignment of the provincial boundaries to ensure self-expression and cultural autonomy to the various elements in India's national life but so far as the Punjab is concerned in any fresh alignment, it must be ensured that a substantial majority of the Sikh population remains compact in one unit and that all the important historic Gurudwaras, Shrines and places are included in that unit
PART V
31 (a) The Parliamentary system of majority rule has not proved successful in the Province It has fostered intrigues, corruption and inefficiency The minorities have suffered greatly We think that an irremovable executive both at the Centre and the Province of a composite nature on which the important minorities are adequately represented, would be more suitable than the present method We would prefer the adoption of the Swiss model with suitable modifications
(b) All important communities should be represented on the Central and Provincial Executives The method of representation should be election by the members of the various communities
In regard to the representation of the Sikhs, we wish to say that a Sikh should always find a place in the Central Executive In the Punjab, the Sikhs should have a minimum of one-third share as was the case from 1921 to 1926 in the Executive on the ground of their special importance already explained
In the N-W.F.P, one seat should be given to a Sikh in the Provincial Cabinet
32 (a) We favour an extension of the franchise and would like to have adult suffrage introduced provided competent administrative machinery can be set up to ensure free voting Failing this we recommend that the franchise qualifications which apply to the Scheduled Castes at present should apply to all
(b) For the present, electorates will have to remain separate for different communities
(c) We favour the direct method of election to the Lower House and indirect to the Upper Houses
[p. lxii] (d) In the Punjab Assembly Sikhs should have thirty per cent. of the total number of seats and the Muslims should have forty per cent. and the other minorities including Hindus thirty per cent. It will be seen that by this arrangement the Muslims still remain a majority group although they will not be in absolute majority against all other communities combined. The Muslims can have no objection to the proposed allocation of seats especially when they object to the Hindu domination at the Centre. In case the Muslims agree to this proposal in the Punjab they shall have made a good case for the abolition of Hindu majority at the Centre. The Sikhs demand seven per cent. of the total seats in the Central Legislature
In the N.W.F.P the Sikh seats should be equal to the Hindu seats with a minimum of ten per cent. as Sikhs have played and are playing an important role in the life of the Province. The great general of the Sikhs, Sardar Hari Singh Nalwa and Akali Phoola Singh, died fighting in this province while defending the gates of this country. The Sikhs have got their sacred Gurudwaras in this land. The community therefore deserves special consideration.
In U.P the Sikhs should be recognised as a separate community and should get at least one seat in the Council and five seats in the Provincial Assembly with its present strength in U.P the Sikhs should be given concessions and facilities similar to those given to the Backward Classes. Similarly in Assam, Bengal, Bombay Bihar and C.P each, Sikhs should have at least one seat reserved for them. In Sind at least two seats should be allotted to them.
No amendment of the Constitution once enforced should be made without sixty per cent. votes of the members of the important communities in each Legislature for the amendment. For this purpose and for all other purposes the Sikhs shall be treated as an important community
PART VI
The Constitution making body proposed in the Cripps' proposals appears to be the proper machinery for framing new constitution provided it is laid down that the Sikhs and other important minorities shall have representation with higher weightage in that body than they have in the Legislature.
PART VII
We think that pending the enforcement of the new constitution the Federal part of the Government of India Act should be put into operation with certain modifications to satisfy the natural aspirations of Indians. The Executive Council should be completely Indianized. The selection may be made by the Governor-General at the recommendation of the popular parties and the Executive Council may remain responsible to the Crown for the time being but the convention may be established as was done in the Provinces that the Governor-General would normally accept the advice of his Councillors. The conduct and operation of the War should continue to be the responsibility of the Commander in Chief but all other matters under the purview of the Government of India should be entrusted to the Executive Council and the individual members.
[p. lxiii] PART VIII
In the event of failure to reach agreement on the part of different communities, His Majesty's Government should take the initiative and notwithstanding the opposition of the Muslim League settle the question according to the agreement of the principal elements in the Indian life including Muslims outside the League
India cannot remain in a state of tutelage when all the countries are fighting for freedom The deadlock in India is a challenge to the ideals and principles of the United Nations and is not only the responsibility of the British Government but of all the United Nations that a satisfactory solution of the Indian problem be found
ARMY
The question of the army is not included in the Questionnaire, but the Sikhs attach great importance to it They have intimate connections with the Indian Army so much so that army service is their first choice Their ideology, their history and tradition make them fine soldiers
Their strength in the army was nearly nineteen per cent up to 1920-21 It was deliberately reduced during the Akali Movement During the last and the present World Wars when the doors of the army were thrown wide open to members of all communities and classes alike, the Sikhs have maintained their strength in the Defence Forces of the country Sikh soldiers have won several awards of bravery and courage shown on the battlefields They wish to maintain their connection with the Defence Forces of India at least to the extent of their contribution during the last World War The Sikhs attach great importance to this question and no solution of the constitutional problem will satisfy them unless their share in the Armed Forces is defined to the extent mentioned above The religious discipline which the Sikh soldiers have to observe should continue to be enforced and the same should apply to the Sikh Officers in the Indian Army
SERVICES
In the Central Services and those recruited on all-India basis, the share of the Sikhs should be defined By the Award of 1934, the share of the smaller minorities is fixed at eight and one-third per cent The Sikhs do not get their legitimate share out of this proportion It is only just and equitable that this eight and one-third per cent should be split up between these minorities according to their population and importance and the Sikh share should in no case be less than five per cent of the Services
In the Punjab, the share of the Sikhs should be fixed at 25 per cent, N-W.F.P 10 per cent and an adequate share in Sind, U.P, Baluchistan and Delhi Even if future recruitment is made at this percentage it will take several years before the Sikhs in the Punjab will be able to attain their full share
In the High Court at Lahore the Sikh share should be fixed at the same percentage as for other Provincial services
Besides, the Sikhs should be represented on the Federal Service Commission and other Recruitment Boards, Committees, Railway Board, [p. lxiv] Income-Tax Tribunal, Federal Court and other important bodies in a suitable manner They have been altogether ignored in the past in these matters and have suffered considerably
LOCAL BODIES
A formula should be devised for the adequate representation of minorities in the local bodies and for their share in the Services under those bodies
SIKH UNIVERSITY
The Sikhs are anxious to establish a University of their own at Amritsar on the lines of Aligarh and Benares Universities. The Punjab has at present only one University at Lahore Even on educational grounds there is need for another University The Sikhs demand that Government should encourage them by the grant of a charter and financial assistance to realise their natural aspirations in this respect
The following have signed the Memorandum
1. Master Tara Singh Amritsar
2 Sardar Sampuran Singh, M.L.A. Lahore
3 Giani Kartar Singh, M.L.A., Lyallpur
4 Sardar Surjit Singh Majithia, Amritsar
5 Rai Bahadur Basaka Singh New Delhi.
6 Sardar Bahadur Sardar Jodh Singh Principal Khalsa College, Amritsar
7 Sardar Bahadur Sardar Boota Singh, Sheikhupura.
8 Sardar Lal Singh M.L.A, Ludhiana.
9 Sardar Swaran Singh, Advocate Jullunder
10 Sardar Modhindar Singh Sidhwan, Ludhiana
11 Dr Randhir Singh M.D., Lahore
12 Sardar Harcharan Singh Bajwar Sialkot.
13 Master Sujan Singh Sarhaili, Amritsar
14 Sardar Santokh Singh M.L.A., Amritsar
15 Sardar Bahadur Ujjal Singh, M.L.A., Lahore
16 Sardar Jogindar Singh Mann, M.L.A., Sheikhupura
17 Sardar Pritam Singh Siddhu, M.L.A.
18 Sardar Balwant Singh, M.L.A.
19 Sardar Sodhi Harnam Singh, M.L.A.
20 Captain Sardar Naunihal Singh Mann, M.L.A.
21 Sardar Gurbachan Singh, M.L.A.
22. Sardar Sher Singh, M.L.A.
23 Sardar Ajit Singh, M.L.A.
24 Sardar Prem Singh, M.L.A.
25 Sardar Jagjit Singh Mann M.L.A.
26 Sardar Ishar Singh Majhail
27 Sardar Sahib Tara Singh M.L.A.
28. Sardar Ishar Singh Majhail.
29 Bhai Fateh Jang Singh, M.L.A.
Constitutional Proposals of the Sapru Committee (Bombay, 1945), Appendix VII, Part B, pp. lvii–lxiv. The answers to the Committee's questionnaire and the list of 29 signatories; Part A of the memorandum is omitted.